Facts

On Jan. 24, 2005, defendant employer, Ocean Horizon Inc. instructed plaintiff Ronald Martin to take the "Horizon" vessel to Knight & Carver Boatyard to have the boat repaired in anticipation of the 2005 season. One necessary repair was having the boat repainted. In the past when the boat had been repainted, Ocean Horizon had provided the necessary scaffolding required to enable the crew members to paint the boat. This time though, Ocean Horizon refused plaintiff's request to provide the scaffolding.

The plaintiff and other crew members were required to use anything they could find to stand on to prepare the hull of the boat for repainting. The crew used several blocks of wood and a ladder provided by Ocean Horizon and/or Knight & Carver. Since some crew members did not have the necessary training or experience for this type of work, plaintiff was forced to show several crew members how to use prepare the boat for repainting. The plaintiff stepped off the ladder and tripped over one large block of wood and suffered injuries.

PLAINTIFFS' CONTENTIONS:
Plaintiffs Ronald Martin and Kristi Martin alleged the Jones Act; violation of general maritime law on the unseaworthy doctrine and maintenance and cure. Plaintiffs alleged that defendant breached non-delegable duties owed to plaintiff to ensure his safety. They further alleged that Ocean Horizon had an absolute duty under maritime law to provide Martin with a safe and seaworthy vessel.

In addition, the plaintiffs alleged that defendant's conduct in refusing to pay the maintenance and cure benefits was both arbitrary and willful and that plaintiffs were entitled to attorney fees and punitive damages. They contended that defendant was negligent in failing to correct the dangerous condition in the area where the Horizon was being repaired.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiffs were comparatively at fault for their own lack of due diligence under the circumstances. It further contended that any recovery should be reduced by the proportionate fault of Knight & Carver. Defendant further contended plaintiffs had the duty to ensure the safety of the crew's workplace under the Primary Duty rule. Plaintiffs failed to mitigate their damages relative to past and future earnings.

Injuries

Ronald Martin suffered an elbow fracture and surgery and emotional distress. Kristin Martin suffered loss of consortium.

Result

The jury found defendant was not negligent, but found that it failed to provide plaintiff with maintenance and cure benefits. Plaintiff was awarded $45,000 for maintenance and $59,540 for cure. Knight and Carver settled with plaintiff for $25,000 well before trial.

Other Information

FILING DATE: Dec. 22, 2005.